All Forum Posts by: Sharon Klein

He was working job by job.  He moved from one site where he stayed for a few months, then to my other site.  I didn't have anymore work for him and he blew a cork.  I came to realize that he doesn't have a place to live.  He ran up an electric bill that we kindly asked him to pay.  When we did that he said we have to give him $3000 for watching our property or else he won't leave.  Sounds like extortion.  

No Kevin, he wasn't doing work for free.  He was being paid all along. 

I had allowed a contractor/handyman doing work on various properties I manage and own to live on site while he was doing the work in one of the apartments.  He just finished his last job and he is refusing to leave the property and is squatting stating that I will have to evict him.  Somewhere along the way the relationship started to sour.  He knew he needed to absolutely be gone by the 15, but now he is refusing to.  He has been in this particular property working for about 5 weeks. Unbeknownst to me he started receiving mail there.  I think he had this planned. Any advice?  Is he considered a tenant under the law and must be evicted or is he a trespasser?  

Thanks everyone for the input. I'm new to Bigger Pockets and I'm already thrilled to be on board! My contract says I can cancel the job if contract is violated. He was put on notice about being late shortly after he was. He had numerous opportunities to make things right and I have a long email trail of discussions about dealing with the drainage issue before the excavator got started. He did not properly bid the job and the excavator he hired did what he was told to do by the GC and drainage issue was not in HIS contract. (he was contracted to remove a collapsed pool, grade yard after removal and leave). Before his excavator showed up (excavator was also 2 weeks late), I brought my own excavator in to bid, but GC ended up going with his guy. As I was in contract with the GC I had no choice at that point. His guy did a crappy job. I don't think my GC has a leg to stand on as he went against my wishes to hire my own excavator who was going to deal with the drainage specifically in his excavation contract. My plan was to immediately put the house on the market but because of the back yard I can't, so I rented with option instead. (I always have a plan B and C). Now I have more time to deal with the issue as I need to. He also did a crappy job on the driveway and walkways and I need to redo those as well.

Question is, what sort of recourse does anyone have when a contract does the job, but does it so poorly it has to be redone by someone else? Jobs are presumably supposed to be done in a "workman like manner". Contractor hardly supervised his crew and rarely showed up on site except when I nagged and nagged him to get there.

Almost finished with a rehab project. Contract was overdue almost 2 months. Part of the job was some major excavating in the rear yard which involved removing a collapsed pool and patio, regrading the yard and seeding. It was known that the yard had drainage issues. The excavator the contractor hired did not address the drainage issue (presumably by order of GC) and also did such a horrible job that the yard can't be mowed from ruts, rocks and bumps. The drainage issue still remains. The job was not done properly. I'm getting bids from other excavators and narratives about how poorly the job was done. Contractor 1 is about 65% paid. I want to subtract the amount for what it would take to get the job done properly and pay him the difference. Can he file a lien demanding full payment if the job was done so poorly that the yard is not usable?